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2009-UP-228 - SCDOT v. Buckles

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

South Carolina Department of Transportation, Condemnor,

   v.

G.L. Buckles, Personal Representative of the Estate of Keith J. Buckles, and G.L. Buckles, Landowners and Ronald Paul, Lessee, Condemnees,

of whom G.L. Buckles, Personal Representative of the Estate of Keith J. Buckles, and G.L. Buckles are Respondents,

and Ronald Paul is the Appellant.


Appeal From Richland County
G. Thomas Cooper, Jr., Circuit Court Judge


Unpublished Opinion No. 2009-UP-228
Submitted May 1, 2009 – Filed May 27, 2009   


APPEAL DISMISSED


Ronald Paul, pro se Appellant.

Michael H. Quinn, Jr., of Columbia, for Respondents.

PER CURIAM: Ronald Paul (Lessee) appeals from the circuit court’s order to disburse condemnation proceeds pursuant to the allocation specified in a final judgment entered on March 11, 2005 and affirmed by this court on October 23, 2006. 

The final disposition of a case occurs when the remittitur is returned by the clerk of the appellate court and filed in the lower court.  McDowell v. S.C. Dep’t of Soc. Servs., 300 S.C. 24, 386 S.E.2d 280 (Ct. App. 1989).  “If a petition for writ of certiorari is filed, the Court of Appeals shall not send the remittitur until notified that the petition has been denied.  If the writ is granted by the Supreme Court, the Court of Appeals shall not send the remittitur.”  Rule 221, SCACR.  Once the remittitur is sent down from the appellate court, circuit court acquires jurisdiction to enforce the judgment and take any action consistent with the appellate court’s ruling.  Muller v. Myrtle Beach Golf & Yacht Club, 313 S.C. 412, 415, 438 S.E.2d 248, 250 (1993). 

“Matters decided by the appellate court cannot be reheard, reconsidered, or relitigated in the trial court, even under the guise of a different form.  The decision of the appellate court is final as to all questions decided.  It is the duty of the trial court to follow the decision of the appellate court.”  Ackerman v. McMillan, 324 S.C. 440, 443, 477 S.E.2d 267, 268 (Ct. App. 1996) (internal citations omitted). 

Accordingly, we dismiss the appeal with prejudice.

DISMISSED.

HEARN, C.J., THOMAS and KONDUROS, JJ., concur.